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(영문) 서울동부지방법원 2017.11.08 2017고단2780
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 03:10 on April 6, 2017, the Defendant driven a rocketing taxi in front of Gwangjin-gu Seoul Special Metropolitan City, and driven a vehicle accident analysis report prepared by the Seoul Special Branch of the City Road Traffic Authority at about 85 km from the clock distance to the long-speed teacher distance along the two-lanes of the clock. According to Article 17(3) of the Road Traffic Act, the Defendant recognized that it is necessary to prevent danger and ensure safe and smooth flow of traffic on the road at the time of the accident of the Defendant’s driver taxi, deeming that the speed is necessary to prevent danger on the road and ensure the safe and smooth flow of traffic.

Ro-by-law was proceeding.

At night and in such cases, the driver of the motor vehicle had a duty of care to prevent the accident by accurately manipulating the traffic situation of the frontline and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and proceeded at a rapid speed exceeding 20 km/h, and the Defendant did not avoid the victim D(56) driving E-Engine bicycle on the right side from the left side of the running direction and did not get out of the victim D(56). The part on the right side of the motor bicycle was used as part of the front part of the taxi, and got the victim F. (55 years old) accompanied by the bicycle on the part of the victim D and motor device.

Ultimately, the Defendant caused the death of the victim D by occupational negligence from K hospital located in Seongdong-gu Seoul Metropolitan Government J, where the victim D was treated after around 04:30 on the same day, to the scarbly scarcity, and the victim F was treated after around 11:22 on the same day from K hospital located in Gwangjin-gu Seoul Special Metropolitan City J, where the victim F was treated after around 11:2.

Summary of Evidence

1. Partial statement of the defendant;

1. Viewing and viewing by all CD2 CDs;

1. A traffic accident report, on-site photograph of an accident, a written statement of the occurrence of a traffic accident, and photographs (fluoring a black stuff);

1. Road Traffic Authority;

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